Traumatic brain injury (TBI) decisions — 2021

The Board has ordered a remand to obtain a medical opinion regarding the Veteran's claimed TBI and its relationship to his active-duty service. The current opinion is insufficient due to lack of contemporaneous records, reliance on prior decisions, and failure to consider the Veteran's lay statements.

The Veteran's TBI and right shoulder disability were not rated higher than the current levels, with the case being remanded for further evaluation of plantar fasciitis.

The Veteran's claims for service connection for residuals of a traumatic brain injury, acquired psychiatric disorders (including PTSD and depression), and thoracolumbar spine disorder have been granted.,Service connection is also granted for hearing loss.

The Board has determined that the Veteran's gunshot wound to the left side of his head was a result of his own willful misconduct, and thus not incurred in line of duty. As such, service connection for TBI, left ear hearing loss, and PTSD is denied.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and incomplete evidence. The left knee, TBI, and narcolepsy cases require additional VA examinations.

The Veteran's posttraumatic tension headaches are rated as 50 percent disabling prior to April 14, 2015.,The Veteran is granted a TDIU effective from April 30, 2014.

The Board has reopened the Veteran's claims for service connection for bilateral hearing loss, COPD, TBI, an allergy to petroleum products, and tuberculosis. The cases are REMANDED for further development.

The Veteran withdrew their appeal for a rating in excess of 50 percent for personality changes due to TBI prior to March 5, 2021.

The Board has remanded the Veteran's claims of entitlement to increased ratings for bilateral hearing loss, migraines, and TBI, as well as his claim for service connection for a back condition due to outstanding VA treatment records and the need for additional examinations.

The Veteran's TMJ disability is currently rated at 20 percent, but the evidence does not support a higher rating.,The Veteran's TBI with post-concussive headaches has been separately rated and remains non-compensable.

The Board has denied the Veteran's claims of service connection for various conditions, including back disability, neck disability, right hip disability, sleep disability (including sleep apnea), hypertension, migraines, and TBI. The Board found that there was no evidence to support a direct link between these conditions and his time in service.

The Veteran's PTSD, major depressive disorder, and TBI are found to have originated during active service due to military sexual trauma. Service connection is granted for these conditions.

The Veteran's left hip disability was denied as not related to service. The initial rating for TBI with lazy eye and head injury remains at 10 percent, despite the March 2018 VA examination indicating level '1' impairment in multiple facets.,Service connection for migraine headaches is granted effective January 24, 2018, but no earlier date can be established as there was no intent to file a claim prior to that date.

The Veteran's service-connected conditions reasonably precluded gainful employment prior to August 2, 2016. An effective date prior to this date for the award of a TDIU is granted.

The Board has remanded the claims for further development due to inadequate medical opinions in the February 2021 VA examination reports.

The Veteran's claim for a TDIU was dismissed as his representative requested withdrawal.,His initial compensable rating for right ear hearing loss is denied.,He is not entitled to an increased rating for residuals of left thigh stab wound, except for the period after January 26, 2018 when he is assigned a 40 percent disability rating under DC 5314.,His initial compensable disability rating for a left thigh scar is denied.,The Veteran's claim for service connection for left ear hearing loss is REMANDED.,Service connection for PTSD and TBI are not granted.,The Veteran's claims for service connection for these conditions remain pending.

The Veteran's claim for an increased rating for lumbosacral strain was denied, as the evidence did not show limitation of motion more nearly approximating forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or the combined range of motion of the thoracolumbar spine not greater than 120 degrees.,The Veteran's claim for an earlier effective date for a 50 percent disability rating for PTSD, TBI with persistent depressive disorder and anxious distress was denied because the evidence did not show that a factually ascertainable increase in disability due to service-connected conditions occurred within one year prior to his formal increased rating claim.

The Board has remanded the claims for residuals of a traumatic brain injury, carpal tunnel syndrome, and neurological disability of the right lower extremity due to additional development being required. The claim for skin disability of the bilateral lower extremities must also be remanded.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection, including VA treatment records and SSA disability determination. The Veteran will be scheduled for VA examinations to address his claimed conditions.

The Veteran's memory loss and posttraumatic headaches are granted at 40% and 50%, respectively, effective May 31, 2013.